ixtow
Founder's Club Member
I just had a friend arrested for "Resisting Without Violence." I was listening to the events as they unfolded, and know that the charge is absolutely unfounded, as is pandemic in this part of the country. It's the new 'Disturbing the Peace' catch-all, but more offensive.
But I think it is something to be on the lookout for. They use it in a more aggressive and engaging manner during Citizen-initiated or Consensual encounters to achieve a detainment without cause.
I'll not discuss the particulars of my friend's incident (he's actually still in the clink and I won't wreck things for his potential lawsuit). I can say that Officers do demand more than a Full Legal Name, and they can and do arrest you for not providing your SSN, DOB, etc. No matter the frequency that these cases are thrown out, it's actually escalating, not decreasing; because they get away with it scott-free.
Florida's Stop and Identify law is actually buried under the loitering a prowling ordinance, and is very clear that this information requires RAS, and does not exceed more than a Full Legal Name.
Expect to see this become the new excuse for unfounded detainment and 'investigations' of people doing nothing wrong. It doesn't apply merely to arrest, but to impeding an officer in his official duties, regardless. Basically, the Officers construe it to be sarcastically broad, and Judges don't. And nothing is being done, punitively, to force the Officers to comply.
Here's a report of an unrelated incident of this abuse, but there are many more.
http://www.wftv.com/news/10234766/detail.html
Notice that it's from 2006. The problem is much worse now. I don't expect it to stay contained in this State once the anti-OC officers get wind of how easy and consequence-free it is. Especially in States that haven't Statutized (?) Hiibel as restrictively as FL has. If they can get away with it here, they can get away with it anywhere.
But I think it is something to be on the lookout for. They use it in a more aggressive and engaging manner during Citizen-initiated or Consensual encounters to achieve a detainment without cause.
I'll not discuss the particulars of my friend's incident (he's actually still in the clink and I won't wreck things for his potential lawsuit). I can say that Officers do demand more than a Full Legal Name, and they can and do arrest you for not providing your SSN, DOB, etc. No matter the frequency that these cases are thrown out, it's actually escalating, not decreasing; because they get away with it scott-free.
Florida's Stop and Identify law is actually buried under the loitering a prowling ordinance, and is very clear that this information requires RAS, and does not exceed more than a Full Legal Name.
Expect to see this become the new excuse for unfounded detainment and 'investigations' of people doing nothing wrong. It doesn't apply merely to arrest, but to impeding an officer in his official duties, regardless. Basically, the Officers construe it to be sarcastically broad, and Judges don't. And nothing is being done, punitively, to force the Officers to comply.
Here's a report of an unrelated incident of this abuse, but there are many more.
http://www.wftv.com/news/10234766/detail.html
Notice that it's from 2006. The problem is much worse now. I don't expect it to stay contained in this State once the anti-OC officers get wind of how easy and consequence-free it is. Especially in States that haven't Statutized (?) Hiibel as restrictively as FL has. If they can get away with it here, they can get away with it anywhere.
